Confidentiality guideline 2017

Better regulation
Effective date: 
30 August 2017
AER General inquiries
AER reference: 


The confidentiality guideline sets out how energy network businesses must make confidentiality claims over information they submit to us. This guideline balances protecting genuinely confidential information with ensuring that stakeholders can access sufficient information on issues affecting their interests.

On 30 August 2017, we made minor amendments to the Confidentiality Guideline to reflect changes made by the Statutes Amendment (National Electricity and Gas Laws – Information Collection and Publication) Act 2016 (SA) to the National Electricity Law and National Gas Law. These minor amendments clarify that:

  • If a network service provider wishes to give information to the AER in confidence when complying with a regulatory information instrument (RII) issued under the NEL or NGL then it must make, and provide reasons in support of, a confidentiality claim.
  • The existing process regarding the disclosure of information under s. 28ZB of the NEL and s.329 of the NGL has now changed for information given to the AER in compliance with a RII. The AER will now disclose information it receives in compliance with a RII using the new information disclosure procedures referred to in s. 28OB of the NEL and s.57B of the NGL.